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CHASE v. ELDRED BOROUGH

902 A.2d 992 (2006)

Corey S. CHASE and Kristie A. Chase v. ELDRED BOROUGH, Appellant.

Commonwealth Court of Pennsylvania.

Decided July 3, 2006.

Attorney(s) appearing for the Case

Christian T. Mattie, III, Eldred, for appellant.

Raymond W. Bulson, Portville, for appellees.

BEFORE: McGINLEY, Judge, PELLEGRINI, Judge, and KELLEY, Senior Judge.

OPINION BY Judge McGINLEY.

The Borough of Eldred (Borough) appeals from the order of the Court of Common Pleas Court of McKean County (chancellor) which enjoined the use of Ron Houben Memorial Park (Houben Park) for baseball games until a fence of "appropriate height" was erected to prevent baseballs from being hit or thrown on to the property owned by Corey and Kristie Chase (the Chases).

On July 8, 2004, the Chases filed a complaint in equity against the...

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